THE COURTS. SUPREME COURT.

New Zealand Mail, Issue 1188, 7 December 1894, Page 30

THE COURTS.

SUPREME COURT.

CRIMINAL SESSIONS

His Honor the Chief Justice took his seat on the Bench at 10 a.m. on November 28th.

ALLEGED BREAKING AND ENTERING. Edward Bennett and James Tuthill were

charged with having on the 3rd August broken into and entered the warehouse of Ernest Fred Click Hawke in Harris street, Wellington, and with having stolen 19 boxes of cigarettes therefrom. The accused, who were defended by Mr Wilford, pleaded not guilty. Ernest Frederick Hawke deposed that on Friday evening the 3rd of August he left everything scours at his warehouse. He was the last to leave. Next morning when he opened the door the whole place appeared to be upset —parcels out of their place, cigarettes strewn all over the floor, &c. He missed about 18 cardboard boxes of “ Dollar ” cigarettes, each containing 500 cigarettes, winch had been packed on top of a wotfden case. He had about 00 boxes—--30,000 cigarettes —in stock on the previous night. He had previously sold 20,000 cigarettes to tradesmen, in the city. The .wholesale selling price to the dealer was 10s a box. These “ Hollar ” cigarettes were

made in Auckland by the Dominion Cigarette Company. He found that a sash window five or six feet from the ground was slightly raised, the catch pushed back and the top pane smashed. Cross-examined : There were other wholesale vendors of “ Dollar” cigarettes than himself in Wellington. He gave 17s 6d a thousand for the “Dollar” cigarettes landed. He had never seen the prisoners before their arrest. Geo. Wm. Smart, pawnbroker, stated that the accused Bennett had been in his employ for four months, and had been accustomed to sleep in the dressing-room of the Criterion Theatre. After the accused left witness found a box of cigarettes about three parts full oh the stairs leading to the gallery. They were “Dollar cigarettes/’ He had discharged Bennett a few days before he found these cigarettes. At that time Tuthill was boarding in a house at the back of witness’ stables. ' James Shakes, hairdresser and tobacconist, in charge of Mrs Aldous’ shop, gave evidence as to Tuthill calling at the shop about the 7th August and asking witness if he would take a line of cigarettes, saying

something to the effect that he might have them at his own price. Witness replied in fhe'negative. Tuthill had been travelling oh other lines, hair restorer, getting advertisements for theatre programmes and so on.

Thos. Nidd, fruiterer, Manners street, stated that Tuthill came to his shop early in August selling “Dollar” cigarettes. Witness bought' a box of them from him for 7s. Tuthill represented that he had taken over the cigarettes in satisfaction of a debt. W. H. Corneal, hairdresser, of Manners street, stated that he purchased from Tuthill a. box of “Dollar” cigarettes for 7s. Tuthill represented that they formed part of Everton’s bankrupt estate. The price quoted by accused was 7s 6d, and witness offered the 7s. ; Geo. S. White, hairdresser, of Manners stre.et, deposed to buying a box of “ Dollar ” cigarettes - from Tuthill for 7s 6d about the 4th of August. Hugh Lee, W. G. Bassett, Detective Campbell, John Black and M. T. Everton also gave evidence.

For the defence Mr Wilford called Lizzie Edge, wife of Joseph Edge, carpen- _ ter, who stated that Tuthill boarded at her house in August last. On Friday, 3rd .August,. Tuthill went out after tea, and returning at 8 played cribbage. with her husband and another . boarder named Hamilton up till 10 p.m. He mostly stayed in at nights playing cards, and she always, found him to be a decent, respectable fellow. *On the Saturday morning Bennett "met and ashed for Tuthill, saying that he knew of some cigarettes which Tuthill would get a commission for selling. She sent Tuthill out to him.

The accused James Tuthill next gave evidence. He said he was a commission •broiler, and had been selling cutlery, combs and glassware in Wellington. He had also been travelling for a life insurance office. He had earned just enough to keep him, or perhaps a little more. As to his . doings on the night of Friday, 3rd August, his evidence was the same as Mrs Edge’s. Next morning Bennett called upon him and said he could get some boxes of “Dollar” cigarettes at 3s 6d each from a man who was going away if witness could do anything with them. Witness started to try and effect some sales, and for those boxes he sold he paid Bennett 3s 9d, the difference between that and the 7s or 7s 6d he received representing his owu profit. The depositions of John Hamilton, professional skater, were read, as he had gone to Sydney since examined in the Court below. William Charles Tyler gave Tut- - hill a character for honesty ; he had known him. from 1881 till 1892.

The jury retired at 4.35 p.m., and after

an absence, of an hour and a half returned with a verdict of not guilty against Tuthill, and guilty against Bennett on the count of receiving the goods knowing them to be stolen. . The prisoner was sentenced to one year’s imprisonment with hard labour. . The Court then adjourned until 10 o’clock next morning.

Hehare Aperahama, convicted last week of theft at Wainui, was brought before the Chief Justice on Friday morning and admitted to probation for a term of six months, an order being mado that he should pay £5 toAvards the cost of the prosecution, by instalments of <£l a month.

Christchurch, November 29. Justice Denniston this morning dismissed the appeal of the Students of Truth against the decision of Mr R.Beetliam, S.M., in the action brought against them by Mrs Elizabeth Ayerst Ingram to recover the interest on the debentures on which the money for purchasing the temple site and erecting the buildings thereon was raised. Costs amounting to <£lo 10s were given against the appellants. Notice of further appeal was given. Auckland, November 29. At the Supreme Court, William Stirling was sentenced to two years’ imprisonment for setting fire to a double tent, the property of two Maoris living near Rotorua. Auckland, December 1. George Murphy, Michael O’Brien, Robert Martin, James Thompson, and George Walters have been sentenced to seven years’ penal servitude for assault and robbery with violence. CIVIL SESSIONS. His Honor the Chief Justice took his seat upon the Bench at 10 a.m. on Monday. C. J. PHARAZYN V. STAPLES AND CO. In this case the plaintiff claimed on behalf of himself and all other inhabitants of Wellington that from time immemorial a spring existed upon the site of Grant road, from which the inhabitants were accustomed to draw water for domestic and. other purposes. The statement of claim further alleged that the defendants without authority had interrupted the free flow of the water. For these reasons the plaintiff claimed an injunction restraining the defendants from interrupting the free

flow of the watet by their placing of a tap at the mouth of the pipe leading from the spring, and ordering the defendants to replace the previous state of things, that is to say a pipe discharging into an open sump into a culvert across the road. Mr E. B. Brown appeared for the plaintiff, and Mr Skerrett for the defendants.

Mr Brown opened his case, and then called evidence, Mr S. Diamond (an old settler), Councillors Petherick and Anderson, and the plaintiff (Mr C. J. Pharazyn) being the Avitnesses examined.

Mr Skerrett then moved for a nonsuit upon the ground that the basis of title alleged in the statement of claim was custom, and that in order to support the argument of custom it must be shown that it had existed from the time of the first year of the reign of [Richard 1., this being the commencement of the time of legal memory, that consequently there could be no custom in New Zealand before the constitution of the Colony, and that Native customs were not recognised by English Law.

Mr Brown having replied, His Honor said he had not the least doubt about the matter. He knew of no conceivable ground tapon which the plaintiff’s claim could be based, but he would reserve judgment upon the motion for the nonsuit in order to deliver it in writing. If he thought it necessary to call upon the defendants’ counsel to proceed he would inform him to-. .that effect and give him due opportunity of calling evidence. Mr Justice .Richmond reserved judgment on Tuesday on a motion by Mr Gully for costs against the Public Trustee in the Di Eago estate. The matter hacl originally

been argued here, but Mr Justice Richmond remitted it to Christchurch, from where, by agreement, it was referred back to Mr Justice Richmond.

The Chief Justice delivered judgment on Monday afternon in Chambers in the action Millard and others v. Cowdrey, which was tried before His Honor and a jury at the last sittings at Wanganui. This was an action by Mrs Bridget Millard, of Halcombe, against Mrs Cowdrey, another resident of the same place, to enforce an agreement which the plaintiff alleged the defendant had entered into with respect to the sale of certain lands at Halcombe, by which the rights of the former owner of the land and of the present tenant were to be preserved. At the trial the jury foirnd the facts in favour of. the plaintiff, and His Honor reserved judgment, the parties agreeing that the Court might draw any further inference from the facts that was necessary. Ilis Honor, after reviewing the facts in a lengthy judgment, made a decree that the defendant should carry out her agreement. Costs were allowed the plaintiff on the lowest scale with an extra day, and at the same time His Honor made an order for payment by the defendant of the costs of the proceedings, upon a caveat which Mrs Millard had lodged against dealing with the land in question, amounting to £7 7s. Mr A. Gray received judgment for the plaintiff, and Mr Gully for the defendant.

Mr Justice Richmond, sitting in Chambers on Tuesday, made an order to have the case of Grant v. the Manawatu Road Board tried in Wanganui on the first Monday in February, or some later date to

ba agreed on by the parties to the action. Mr Edwards appeared on behalf of the plaintiff, and Mr G Lilly for the defendant Board.

In Chambers on Tuesday before Mr Justice Richmond an application was made by Mr Gully for letters of administration in the estate of Maria Searl, of Illinois, deceased. It appear s that Mrs Searl had some money left her under the Avill of the late Mr Willcock, of the Upper Hutt, but before the money reached the legatee she died. The application, Avhich was that the money should be handed over to deceased’s husband, was grr nted.